Missouri 2023 Regular Session

Missouri Senate Bill SB286

Introduced
1/4/23  

Caption

Authorizes the General Assembly and the Attorney General to review and prohibit implementation of certain federal actions in this state

Impact

The enactment of SB 286 would significantly alter how Missouri interacts with federal regulations, allowing state legislators to actively negate federal actions deemed unconstitutional. This power shifts the balance of governance and could lead to heightened tensions between state and federal authorities. The bill particularly addresses several key areas, including health emergencies, resource management, education, and civil liberties, thereby asserting a strong stance on state sovereignty. If implemented, it would prevent the state or any public organization from enforcing federal directives that are classified as unconstitutional by the state legislature.

Summary

Senate Bill 286 aims to grant the Missouri General Assembly the authority to review executive orders and federal actions to assess their constitutionality. The bill outlines a framework where, upon the recommendation of the General Assembly, the Attorney General is required to evaluate federal actions and determine whether the state should seek an exemption or have the action declared unconstitutional. This framework intends to ensure that state laws align with the constitutional rights of Missouri residents against federal overreach, particularly in times of health emergencies, environmental regulation, and other significant sectors.

Sentiment

The general sentiment surrounding SB 286 has been contentious. Proponents argue that it is vital for protecting citizens' rights against federal overreach, claiming it enhances state autonomy and governance. They view the bill as a necessary tool for ensuring that Missourians retain control over significant matters affecting their rights and the operations of local governance. Conversely, critics express concerns about this move as an alarming step that could undermine federal authority and create legal ambiguities. They fear that such actions might hinder effective governance, especially in urgent situations like health emergencies or natural disasters, and see it as potentially risky for public welfare.

Contention

Notable points of contention include the risk of increasing legal disputes between state and federal entities resulting from this bill's implementation. Opponents caution that allowing the General Assembly to declare federal actions unconstitutional may create a precedent for further legislative overreach. Critics emphasize the importance of federal regulations in managing public health and safety, which are crucial in times of crisis. The debate reflects a significant divide on perspectives regarding state rights versus federal authority, indicating a broader discussion that transcends the specifics of SB 286.

Companion Bills

No companion bills found.

Previously Filed As

MO SB840

Authorizes the General Assembly and the Attorney General to review and prohibit implementation of certain federal actions in this state

MO HB1236

Attorney General; duties of Attorney General; State Reserved Powers Protection Unit; providing for review of Presidential executive orders and federal actions; effective date; emergency.

MO SB455

Federal actions; prohibiting implementation or enforcement of certain federal actions found unconstitutional. Effective date.

MO SB455

Federal actions; prohibiting implementation or enforcement of certain federal actions found unconstitutional. Effective date.

MO HB1237

United States; providing for review of presidential executive orders and federal actions; prohibiting implementation of unconstitutional actions; effective date.

MO SB1711

Attorney General; requiring monitoring and evaluation of certain actions. Effective date. Emergency.

MO SB358

Prohibits the enforcement of any federal regulation by a state department or agency until the enforcement is approved by the General Assembly

MO SB771

Prohibits the enforcement of any federal regulation by a state department or agency until the enforcement is approved by the General Assembly

MO SB956

Prohibits the enforcement of any federal regulation by a state department or agency until the enforcement is approved by the General Assembly

MO SB1141

Prohibits the enforcement of any federal regulation by a state department or agency until the enforcement is approved by the General Assembly

Similar Bills

No similar bills found.